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November 02, 2021

Can I Sue a Doctor for Failure to Diagnose My Cancer?

We put all our faith in our doctors to provide the care that we and our loved ones need to feel better. If our doctor missed a cancer diagnosis, this trust will likely be broken, as the outcome can be life-threatening and devastating. If this has happened to you or a loved one, you may be able to sue for delay in cancer diagnosis or even missed cancer diagnosis.

Cancer is one of the most common illnesses in the UK, with statistics showing that one in 30 people living in the UK either has cancer or is in remission. It is widely known that prompt and accurate diagnosis of many types of cancer can lead to an effective treatment and improve survival rate. Doctors have to recognize the possibility of cancer, considering factors like a patient’s family history, lifestyle and environment, as they examine the patient in relation to different symptoms.

Cancer negligence claims usually involve one of the following factors:

  • Delayed diagnosis

    Delays in cancer diagnosis can happen when a doctor or medical professional misreads test results, fails to correctly identify symptoms, fails to take a patient’s complaint seriously, or referrals to specialists are delayed. If you or a loved one have been a victim of delayed cancer diagnosis, you may be able to make delay claims.

  • Failure to diagnose

    If your doctor missed a cancer diagnosis, this may be due to misinterpreting your symptoms or misinterpreting test results, and you may be entitled to a claim.

  • Misdiagnosis

    Some patients are falsely diagnosed with cancer, which can mean having to endure painful and unnecessary treatments, such as chemotherapy. If you are a man or woman wrongly diagnosed with cancer, you may be entitled to a medical misdiagnosis claim.

What Types of Cancer Can Be Misdiagnosed?

No matter the type of cancer you have, you may be entitled to compensation if your doctor misdiagnosed cancer or cancer diagnosed too late.

The most common types of misdiagnosed cancers include:

  • Lung cancer – can be misdiagnosed as asthma, pneumonia, or bronchitis
  • Cervical cancer – can be misdiagnosed as abnormal vaginal bleeding, pelvic pain, blood in urine, blood in stool, or vaginal odor
  • Breast cancer – can be misdiagnosed as mastitis or noncancerous cysts;
  • Pancreatic cancer – can be misdiagnosed as pancreatitis or gallstones
  • Skin cancer – can be misdiagnosed as warts, benign growths, pimples, skin tags or liver spots.

Other common types of misdiagnosed cancers include bowel cancer, testicular cancer, prostate cancer, ovarian cancer, eye tumours, and brain cancer.

What Can I Do If I Have Suffered Cancer Misdiagnosis?

Every doctor has a duty of care towards their patients. This involves taking all reasonable and necessary steps to preserve the health and life of their patients. If a doctor missed cancer diagnosis under circumstances where doctors are reasonably expected to make accurate cancer diagnosis, they may be deemed negligent and you may be entitled to cancer misdiagnosis claims.

At NHS Negligence Claim, we work with a panel of specialist medical negligence solicitors who can provide expert legal advice if you are considering suing for medical negligence. We understand how devastating cancer misdiagnosis can be and provide thoughtful help to victims of Medical negligence to help them make successful compensation claims against negligent doctors.

If you think you or a loved one have suffered cancer misdiagnosis, do not hesitate to call us on 0800 999 3372. We will support you from day one, helping you access specialist medical care, while our panel of solicitors fight the legal battle to secure the maximum compensation you deserve.

What Can You Claim When You Have Cancer Misdiagnosed?

Whether you have suffered pancreatic cancer negligence, breast cancer malpractice, stage 4 lung cancer misdiagnosis, or any other type of cancer, what you can claim for will be broadly divided into two categories:

  • General damages: This is compensation for the direct impact – physical or psychological – of the incident, where the harm you suffered can be clearly linked to cancer misdiagnosis on the part of a medical professional. General damages are non-economic losses, and the compensation value depends on the severity of the damage you suffered.
  • Special damages: This refers to financial compensation due to out-of-pocket expenses incurred as a result of the negligent treatment you suffered. Special damages may include medical bills, loss of earnings, cost of care, cost of assistive aids or devices for rehabilitation where you have suffered disabilities as a result of the cancer misdiagnosis.

Can I Claim on Behalf of a Loved One Who Has Died as a Result of Cancer Misdiagnosis?

Yes. If your loved one has passed away as a result of cancer misdiagnosis, don’t delay claim today. With a proper cancer diagnosis, they may have received the right medical care and survived the condition. Our medical negligence solicitors understand how difficult this period may be after the loss of a loved one.

You can rest assured we will handle your cancer misdiagnosis claim with the utmost sensitivity and compassion it deserves, while providing the expert advice and support you need to make a successful claim.

What is the Compensation Value for Cancer Misdiagnosis?

The value of your cancer misdiagnosis claim will depend on a number of factors, such as the nature and severity of your illness, losses incurred as a result of the injury, and if the negligent treatment has a long-term effect on your health.

The average compensation amount for a cancer misdiagnosis claim is around £350,000; however, every case is unique, and this affects how much an individual can claim. If you have suffered harm as a result of failure to diagnose cancer by a doctor, our specialist solicitors can give you an estimate of what you can expect as compensation for your claims.

Timelimit to sue for Malpractice involving Cancer Misdiagnosis Claims

There is a general three-year time limit which starts from the date your cancer should have been diagnosed or the date your cancer was actually diagnosed. However, every cancer misdiagnosis case is unique, and our specialist solicitors will advise you about the time limits for your case.

If you have lost a loved one after a doctor missed a cancer diagnosis, you usually have three years from the date of death to start a medical negligence claim.

Getting necessary documents such as a medical report of a cancer patient and a medical report from an independent medical expert for a claim can take time. This is why we advise that you contact a specialist medical negligence solicitor as soon as possible to get your claim started.

How do our Solicitors at NHS Negligence Claim Operate?

Have you been a victim of ovarian cancer misdiagnosis, mammogram missed cancer, missed breast cancer, beth purvis bowel cancer due to misdiagnosis, or any other type of cancer negligence? Our specialist medical negligence solicitors will likely represent you on a medical negligence No Win No Fee basis.

This simply means that you wouldn’t have to incur the financial risks associated with making a claim as you seek justice for the harm you suffered. So, even if we are unable to help you win the case, you do not owe us anything. However, if your case is successful, a success fee (0-25% of your final compensation) will be deducted.

Get in touch with us

Our panel of medical negligence solicitors is one of the most experienced in the country. Beyond this, we employ a friendly and sensitive approach when dealing with victims of medical negligence and their loved ones.

We understand that this is a difficult period for you and your family, and will do everything possible to secure the compensation you deserve for the harm you have suffered due to your doctor’s negligence. You do not have to bear the consequences of NHS negligence or negligent treatment by a private healthcare provider.

Get in touch with us today by calling us on 0800 999 3372 or fill our free claims assessment form. We will offer a free, no obligation initial consultation to discuss details of your case, and let you know how we can help you make a claim.

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